Precedent in international investment arbitration

23 April 2013

Thomas Roe delivered a paper on the above topic at the recently-held Commonwealth Law Conference 2013 in Cape Town, South Africa.

The paper discusses the controversial subject of the extent to which international arbitral tribunals deciding investment claims ought to recognise anything approaching a doctrine of precedent; and identifies some respects in which common law techniques might perhaps usefully be employed. The paper was delivered during a session of the Conference entitled ‘ICSID Arbitration – International Access and a Role for Precedent’. The panel was chaired by Michael Kuper SC, chair of the Arbitration Foundation of Southern Africa, and the other panellists were Babajide Ogundipe and Funke Adekoya SAN, both of the Nigerian Bar.